15�owN pF MEETING DATE: 9/17/01
ITEM NO. /�
COUNCIL AGENDA REPORT
!ps GR��S
DATE: SEPTEMBER 13, 2001
TO: MAYOR AND TOWACOUNCIL
FROM: TOWN MAN
SUBJECT: APPROVE THE TOWN ASS THE MAINTENANCE OF ALLEYS
RECOMMENDATION:
Approve the Town assuming the maintenance of alleys.
BACKGROUND:
At the meeting of July 2, 2001, the Town Council directed staff to address specific questions
regarding alley maintenance and "ownership." The Town Council also directed staff to meet with
residents along alleys to ascertain what accommodation could be made to meet their preferences
within certain legal and engineering parameters.
Subsequently, staff held a meeting on August 30 which was attended by seventeen citizens, some
of whom stated that they represented their neighborhood. At this meeting, staff presented legal and
engineering parameters (which are discussed below) within which alleys would be improved and
maintained presuming the Town assumed that responsibility.
DISCUSSION:
Substantive discussion at the August 30 meeting focused on residents expressing concerns and
interests in various levels of maintenance from minimal improvements such as keeping a gravel alley
to full reconstruction. Two residents along Apricot Way indicated that property owners along that
alley would like the Town to consider conveying the alley to a homeowner's association, while
preserving public rights of way easements, so the homeowner's could have greater freedom in
landscaping and maintaining their properties. The Town would need to research terms and conditions
for doing this if the Council were open to considering it.
PREPARED BY: LES WHI
Interim Director of Parks and Public Works
Reviewed by: 0 Attorney Clerk 4-r- Finance _Community Development
Revised: 9/13/01 7:20 AM
Reformatted: 5/30/01 NAB&SCNCLRPTSta11ey.tcr.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: APPROVE THE TOWN ASSUMING THE MAINTENANCE OF ALLEYS
SEPTEMBER 13, 2001
DISCUSSION:
Another resident mentioned minor encroachment issues that could be rectified through a quit claim
process in the future, but not pose any particular problem now. The attached matrix summarizes the
preference of the neighborhoods. During the meeting, the Town Attorney explained that the alleys
are "public ways" under the jurisdiction of the Town. That is because they were designated as such
in the original subdivisions. This means the Town can regulate use of these alleys just the same as
it does for public streets. If it chooses to assume responsibility for maintaining these alleys it only
needs to start maintaining them (although some residents have suggested that the Town has already
done that in the past). The Town Attorney indicated that the Town could still accept these rights -of-
way which were dedicated by the original subdividers to ensure legal ownership transfers to the
Town; however, that is not necessary for the Town to do to assume responsibility for maintaining
these "public ways." Essentially, the Town Attorney confirmed the statements he made at the July
2, 2001, Council meeting.
The Town's Associate Engineer reviewed the condition and costs to repair the alleys and determined
they need a range of work from slurry sealing and overlay to reconstruction. Some drainage issues
will need to be resolved too. The section of the Johnson Alley (from Reed Head Lane head south
to the dead -end of the alley) which is currently gravel would remain so, subject to some grading and
fresh gravel being spread. Otherwise all alleys would be maintained in the same manner (at least
until transferring ownership of Apricot Way is resolved).
The overall cost estimate is $275,000 which includes about $25,000 for design work. If the Council
approves a policy to assume maintenance responsibility for the alleys, then this work would be
included as part of the second phase of street resurfacing work (to ensure the best possible prices)
and would be designed and constructed next year. Until then, P &PW maintenance crews would fill
potholes and do some minor grading sufficient to maintain these alleys until slurry seal, overlay and
reconstruction work is done next year. A determination of the level of reconstruction or maintenance
would be based on an engineering analysis of the alleys (core samples, deflection tests) and then that
work would be programmed as part of the second year of the street resurfacing contract. A
significant amount of the costs could be reimbursed to the General Fund from the Redevelopment
Fund for that work which is not construed as maintenance, namely, street overlays and
reconstruction.
A major issue for residents is that if the Town assumes this responsibility then the maintenance
should be at least equal to or better than that which residents currently provide on the best
maintained alleys. They also want to ensure that all alleys be carefully reviewed because some that
might appear to be in good condition may not be built with the proper "base" treatment. The Town
Engineer indicates that two inches of asphalt concrete on a six inch rock base would be the minimum
standard applied by the Town to alley reconstruction projects, two inches of asphalt concrete to
overlay a street and slurry sealing is usually about 1/4 inch of asphalt/oil emulsion. The alleys would
be regularly inspected for potholes and signs and swept at least monthly.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: APPROVE THE TOWN ASSUMING THE MAINTENANCE OF ALLEYS
SEPTEMBER 13, 2001
DISCUSSION:
Additional liability exposure appears to be minor when these alleys are included as part of the overall
street system. There are no crimes or accidents documented in Police reports that would suggest any
particular exposure risk. Attached is a petition received from Bob Cowan regarding Town Standards
for the improvement and maintenance of public alleys. We believe that the three items mentioned
in their petition would be addressed by the Town.
CONCLUSION:
It would appear that the same conclusion exists for this report as the one presented in the July 2,
2001 Council report. In view of the limited mileage of alleys (generally in the redevelopment area),
the constant complaints about their condition, the relatively low cost to get these alleys in good
condition, and the various services which need access, staff would continue to recommend changing
the policy.
ENVIRONMENTAL ASSESSMENT:
This project is not defined under CEQA, and no further action is required.
FISCAL IMPACT:
This is a policy issue. There is no financial impact at this time for this agenda item. Upon the
beginning of any maintenance work, staff will prepare the necessary budget adjustments from
recommended funding sources at that time or incorporate this work into the FY 2002 -03 Parks and
Public Works Operating Budget and/or Capital Improvement Plan. Staff estimates the cost to be
$275,000 to bring the alleys up to a reasonable standard. Potential funding sources include P &PW
maintenance budget, reserves, or Redevelopment Agency Funding.
Attachments:
1. Map of Alleys
2. Petition from Bob Cowan Regarding Town Standards for Alleys
3. Alley Maintenance Matrix
Distribution:
Bob Cowan, 222 Tait Avenue, Los Gatos, CA 95030
Ernest Patterson, 232 Massol Avenue, Los Gatos, CA 95030
Dennis Grist, 215 Tait Avenue, Los Gatos, CA 95030
Nancy Christensen, 201 N. Santa Cruz Avenue, Los Gatos, CA 95030
Steve Piasecki, 205 Johnson Avenue, Los Gatos, CA 95030
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Attachment 1
Petition Regarding Town Standards For The
Improvement And Maintenance of Public Alleys
Dear Honorable Mayor Pirzynski and Councilmembers Attaway, Blanton, Decker, and Glickman
The undersigned individuals owning property served by the public alleys located in the 200 block of Wilder, Tait
and Massol Avenues request the Town Council to adopt the following position regarding the improvement and
maintenance of the above referenced alleys.
1. Formally Accept Dedication of alley right of way
The Town Staff completed research verifying that the alleys are not owned by adjoining property owners and
that the town is the defacto owner by virtue of long standing public use and sporadic maintenance activities.
We request that the Town officially "accept" the right of ways.
2. Improvement standards
We request that the town improve the alleys based upon the following standards:
a. The sub pavement and pavement be of adequate strength to support expected heavy truck traffic
including fire and trash vehicles.
b. The alleys should be designed to direct storm runoff to public streets.
c. The improvement contractor can enter into private agreements with adjoining property owners to
make on site improvements such as driveway aprons and parking spaces at the same time as the alley
improvements take place.
d. The appearance of the alley should be similar to the improvements in the alleys serving the 100 blocks
of Wilder, Tait and Massol Avenues.
3. Maintenance
We request that the Town maintain the alleyways using the same standards as other public streets.
Thank you,
Name y`1 />
Address Date /
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Attachment 2
Petition Regarding Town Standards For The
Improvement And Maintenance of Public Alleys
Dear Honorable Mayor Pirzynski and Councilmembers Attaway, Blanton, Decker, and Glickman
The undersigned individuals owning property served by the public alleys located in the 200 block of Wilder, Tait
and Massol Avenues request the Town Council to adopt the following position regarding the improvement and
maintenance of the above referenced alleys.
1. Formally_ Accept Dedication of alley right of we
The Town Staff competed research verifying that the alleys are not owned by adjoining property owners and
that the town is the defacto owner by virtue of long standing public use and spodiic maintenance activities.
We request that the Town officially "accept" the right of ways.
2. Improvement standards
We request that the town improve the alleys based upon the following standards:
a. The sub pavement and pavement be of adequate strength to support expected heavy truck traffic
including fire and trash vehicles.
b. The alleys should be designed to direct storm runoff to public streets.
c. The improvement contractor can enter into private agreements with adjoining property owners to
nWw o% site improvements such as driveway aprons and parking spaces at the same time as the alley
improvements take place.
d. The appearance of the alley should be similar to the improvements in the alleys serving the 100 blocks
of Wilder, Tait and Massol Avenues.
3. Maintenance
We request that the Town maintain the alleyways using the same standards as other public streets.
Thank you,
Address
ALL
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Date
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Petition Regarding Town Standards For The
Improvement And Maintenance of Public Alleys
Dear Honorable Mayor Pirzynski and Councilmembers Attaway, Blanton, Decker, and Glickman
The undersigned individuals owning property served by the public alleys located in the 200 block of Wilder, Tait
and Massol Avenues request the Town Council to adopt the following position regarding the improvement and
maintenance of the above referenced alleys.
1. Formally Accept Dedication of alley right of way
The Town Staff completed research verifying that the alleys are not owned by adjoining property owners and
that the town is the defacto owner by virtue of long standing public use and spori0c maintenance activities.
We request that the Town officially "accept" the right of ways.
2. Improvement standards
We request that the town improve the alleys based upon the following standards:
a. The sub pavement and pavement be of adequate strength to support expected heavy truck traffic
including fire and trash vehicles.
b. The alleys should be designed to direct storm runoff to public streets.
c. The improvement contractor can enter into private agreements with adjoining property owners to
make on site improvements such as driveway aprons and parking spaces at the same time as the alley
improvements take place.
d. The appearance of the alley should be similar to the improvements in the alleys serving the 100 blocks
of Wilder, Tait and Massol Avenues.
3. Maintenance
We request that the Town maintain the alleyways using the same standards as other public streets.
Thank you,
e
Address Date
-z -OI
;2;:D
G't -3- -o,
Petition Regarding Town Standards For The
Improvement And Maintenance of Public Alleys
Dear Honorable Mayor Pirzynski and Councilmembers Attaway, Blanton, Decker, and Glickman
The undersigned individuals owning property served by the public alleys located in the 200 block of Wilder, Tait
and Massol Avenues request the Town Council to adopt the following position regarding the improvement and
maintenance of the above referenced alleys.
1 Formally Accept Dedication of trey right of way
The Town Staff completed research verifying that the alleys are not owned by adjoining property owners and
that the town is the defacto owner by virtue of long standing public use and sporadic maintenance activities.
We request that the Town officially "accept" the right of ways.
2 Improvement standards
We request that the town improve the alleys based upon the following standards:
a. The sub pavement and pavement be of adequate strength to support expected heavy truck traffic
including fire and trash vehicles.
b. The alleys should be designed to direct storm runoff to public streets.
c. The improvement contractor can enter into private agreements with adjoining property owners to
make on site improvements such as driveway aprons and parking spaces at the same time as the alley
improvements take place.
d. The appearance of the alley should be similar to the improvements in the alleys serving the 100 blocks
of Wilder, Tait and Massol Avenues.
3. Maintenance
We request that the Town maintain the alleyways using the same standards as other public. streets.
Thank you,
Name cIw
Ad�� Date
Petition Regarding Town Standards For The
Improvement And Maintenance of Public Alleys
Dear Honorable Mayor Pirzynski and Councilmembers Attaway, Blanton, Decker, and Glickman
The undersigned individuals owning property served by the public alleys located in the 200 block of Wilder, Tait
and Massol Avenues request the Town Council to adopt the following position regarding the improvement and
maintenance of the above referenced alleys.
1. Formally. Accept Dedication of alley right of way
The Town Staff completed research verifying that the alleys are not owned by adjoining property owners and
that the town is the defacto owner by virtue of long standing public use and sporadic maintenance activities.
We request that the Town officially "accept" the right of ways.
2. Improvement standards
We request that the town improve the alleys based upon the following standards:
a. The sub pavement and pavement be of adequate strength to support expected heavy truck traffic
including fire and trash vehicles.
b. The alleys should be designed to direct storm runoff to public streets.
c. The improvement contractor can enter into private agreements with adjoining property owners to
make on site improvements such as driveway aprons and parking spaces at the same time as the alley
improvements take place.
d. The appearance of the alley should be similar to the improvements in the alleys serving the 100 blocks
of Wilder, Tait and Massol Avenues.
3. Maintenance
We request that the Town maintain the alleyways using the same standards as other public streets.
Thank you,
Address
3 -1 ALT
Date
IS L
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"L J� b(
Petition Regarding Town Standards For The
Improvement And Maintenance of Public Alleys
Dear Honorable Mayor Pirzynski and Councilmembers Attaway, Blanton, Decker, and Glickman
The undersigned individuals owning property served by the public alleys located in the 200 block of Wilder, Tait
and Massol Avenues request the Town Council to adopt the following position regarding the improvement and
maintenance of the above referenced alleys.
1. Formally AccMpt Dedication of alley right of we
The Town Staff completed research verifying that the alleys are not owned by adjoining property owners and
that the town is the defacto owner by virtue of long standing public use and sporadic maintenance activities.
We request that the Town officially "accept" the right of ways.
2. Improvement standards
We request that the town improve the alleys based upon the following standards:
a. The sub pavement and pavement be of adequate strength to support expected heavy truck traffic
including fire and trash vehicles.
b. The alleys should be designed to direct storm runoff to public streets.
c. The improvement contractor can enter into private agreements with adjoining property owners to
make on site improvements such as driveway aprons and parking spaces at the same time as the alley
improvements take place.
d. The appearance of the alley should be similar to the improvements in the alleys serving the 100 blocks
of Wilder, Tait and Massol Avenues.
3. Maintenance
We request that the Town maintain the alleyways using the same standards as other public streets.
Thank you,
Name
Address
5
Date
Petition Regarding Town Standards For The
Improvement And Maintenance of Public Alleys
Dear Honorable Mayor Pirzynski and Councibnembers Attaway, Blanton, Decker, and Glickman
The undersigned individuals owning property served by the public alleys located in the 260 block of Wilder, Tait
and Massol Avenues request the Town Council to adopt the following position regarding the improvement and
maintenance of the above referenced alleys.
I Forma Accept Dedication of alley right of way
The Town Staff completed research verifying that the alleys are not owned by adjoining property owners and
that the town is the defacto owner by virtue of long standing public use and sporadic maintenance activities.
We request that the Town officially "accept" the right of ways.
We request that the town improve the alleys based upon the following standards:
a. The sub pavement and pavement be of adequate strength to support expected heavy truck traffic
including fire and trash vehicles.
b. The alleys should be designed to direct storm runoff to public streets.
c. The improvement contractor can enter into private agreements with adjoining property owners to
make on site improvements such as driveway aprons and parking spaces at the same time as the alley
improvements take place.
d. The appearance of the alley should be similar to the improvements in the alleys serving the 100 blocks
of Wilder, Tait and Massol Avenues.
3. Maintenance
We request that the Town maintain the alleyways using the same standards as other public streets.
Thank you,
Address Date
Petition Regarding Town Standards For The
Improvement And Maintenance of Public Alleys
Dear Honorable Mayor Pirzynski and CouncUmembers Attaway, Blanton, Decker, and Glickman
The undersigned individuals owning property served by the public alleys located in the 200 block of Wilder, Tait
and Massol Avenues request the Town Council to adopt the following position regarding the improvement and
maintenance of the above referenced alleys.
1. Formally Accept Dedication of alley right of way
The Town Staff completed research verifying that the alleys are not owned by adjoining property owners and
that the town is the defacto owner by virtue of long standing public use and sporadic maintenance activities.
We request that the Town officially "accept" the right of ways.
2. Improvement standards
We request that the town improve the alleys based upon the following standards:
a. The sub pavement and pavement be of adequate strength to support expected heavy truck traffic
including fire and trash vehicles.
b. The alleys should be designed to direct storm runoff to public streets.
c. The improvement contractor can enter into private agreements with adjoining property owners to
make on site improvements such as driveway aprons and parking spaces at the same time as the alley
improvements take place.
d. The appearance of the alley should be similar to the improvements in the alleys serving the 100 blocks
of Wilder, Tait and Massol Avenues.
3. Maintenance
We request that the Town maintain the alleyways using the same standards as other public streets.
Thank you,
G
i
Address Date
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Petition Regarding Town Standards For The
Improvement And Maintenance of Public Alleys
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Dear Honorable Ma.Ww Pk2yndd and Countilmembers Attattay, Blanton, Decker, and M kmm
The undersigned itidividuals owning property served by the public alleys located in the 200 block of Wilder, Tait
and b'lassoi Avenues request the Town Council to adopt the following position regarding the improvement and
maiateniinee of the above referenced alleys-
• •1, ter- rZIM. 7mr 1 i
The Town Staff cornpleted ,research verifying char the alleys are not owned by adjoining property own= and
that the to+vn is the defacto owner by virtue of long standing public use and sporadic maintenance activities.
We request that the Town officially 'accept" the tight of ways_
We request that the town improve the ,alleys based upon the following standards:
a. The sub pavement and pavement be of adequate strength to support expected hutvy truck traffic
including fire and trash vehicles.
b- The alleys should be designed to direct storm runoff to public streets.
c. The improvement eocnactor can entar into private agreements with adjoining property owners to
make on site improvements such as driveway aprons and party spaces at the carte time as the alley
improvements take plate.
d The appearance of the alley should be simUar to the improvements in the alleys serving the 100 blocks
of Wilder. Tait and Massol Avenues.
3 Maintsenance
We request that the Town maintain the alleyways using the same standards as other public sweets.
Thank you,
Due
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Mr. Les White
Interim Director of Public Works
Town of Los Gatos
Dear Mr. White,
The crosshatching on the attached map identifies properties whose owners have agreed with the
petition entitled "Petition Regarding Town Standards For the Improvement and Maintenance of
Public Alleys ". The asterisks identify property owners that have given verbal approval of our
position and will mail in separate petitions. The non crosshatched properties represent property
owners who could not be reached. Our group did not contact property owners whose property
was not contiguous to the alley right of way.
Thank you for your assistance. Please call if you have a question.
(Sincerely,
l.�o$ CeweU.,
Bob Cowan
222 Tait Ave.
Los Gatos
354 -8307
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Petition Regarding Town Standards For The
Improvement And Maintenance of Public Alleys
Dear Honorable Mayor Pirzynski and Councibnembers Attaway, Blanton, Decker, and Glickman
The undersigned individuals owning property served by the public alleys located in the 200 block of Wilder, Tait
and Massol Avenues request the Town Council to adopt the following position regarding the improvement and
maintenance of the above referenced alleys.
1. Formally Accept Dedication of alley right of way
The Town Staff completed research verifying that the alleys are not owned by adjoining property owners and
that the town is the defacto owner by virtue of long standing public use and sporadic maintenance activities.
We request that the Town officially "accept' the right of ways.
2. Improvement standards
We request that the town improve the alleys based upon the following standards:
a. The sub pavement and pavement be of adequate strength to support expected heavy truck traffic
including fire and trash vehicles.
b. The alleys should be designed to direct storm runoff to public streets.
c. The improvement contractor can enter into private agreements with adjoining property owners to
make on site improvements such as driveway aprons and parking spaces at the same time as the alley
improvements take place.
d. The appearance of the alley should be similar to the improvements in the alleys serving the 100 blocks
of Wilder, Tait and Massol Avenues.
3. Maintenance
We request that the Town maintain the alleyways using the same standards as other public streets.
Thank you,
Name Address Date
Town Council Minutes September 17, 2001
Redevelopment Agency Los Gatos, California
TOWN COUNCIL MINUTES /PREPARATION /CONT.
Council discussion continued:
Mr. Blanton spoke to the action of the Council and not the aggrandizement of an individual. He would
like to continue the verbatim minutes of the Planning Commission meetings.
Mrs Decker suggested having all of the tapes of the Council minutes put on CDs for more convenient
public access. She supported verbatim in Planning and land use.
Mr. Attaway agreed with the suggestion of using more current technology and retaining the action only
minutes of Council and the verbatim of Planning.
Mr. Pirzynski is comfortable with having a stenographer for the Planning Commission meetings and
action only minutes for Council.
Speaker from the audience:
Ray Davis, resident, requested that more information and detail be found in the Council minutes.
Motion by Mr. Blanton, seconded by Mr. Glickman, that Council continue its present practice and
adopt Resolution 2001 -104 entitled, RESOLUTION OF THE TOWN OF LOS GATOS
DIRECTING THE PREPARATION, STYLE AND FORMAT OF THE TOWN COUNCIL
MINUTES, and remove Section B. Carried unanimously.
MAINTENANCE OF TOWN ALLEY WAYS (15.23)
Speakers from the audience:
Richard Fox, 211 Glen Ridge Ave, spoke of Apricot Lane and its safety. The width of the alley is
not conducive to traffic safety if it is maintained and turned into a little street for the use of cut through
traffic trying to avoid the new stop signs on Glen Ridge. He had proposals for the development of this
alley.
Julie Gilbert, 243 Bachman Ave, spoke of the alley between Tait and Wilder. The petition from the
neighbors requested Town maintenance.
Council consensus that the Town assume the maintenance of alleys.
Orry Korb, Town Attorney, reconfirmed that when the Town does take the responsibility to maintain
an alley it becomes public property at that point by informal acceptance. He said staff would notice
each alley for one or more public meetings.
Council Comments:
Mr. Attaway wants the alleys maintained but wants public funds used on public roads and private
funds used on private roads. He wants each alley assessed, and an individual policy set for the
individual alleys. He does not believe it will work without each neighborhood's agreement.
Mr. Blanton would let each neighborhood determine the nature and care of their alley.
Mrs. Decker noted that there is time to include the neighbors before work begins in the spring. She
asked that the Weekly keep the public informed.
Mr. Pirzynski asked staff to move forward but to deal individually with the neighbors' needs.
Mr. Glickman agrees with hearing the issue publicly but does not want to listen to 11 individual
hearings. He would group those alleys that are ready to accept public maintenance together and address
and move forward on those first. The three that are in question could be treated more individually.
TC D u:mnwe no 1 4